(26 March 1979)

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With the election of President Morsi in Egypt, speculation has occurred about whether the March 1979 Egyptian-Israeli Treaty will be cancelled or not enforced. Questions have arisen about whether the US should continue military and economic assistance if the Egyptian president or parliament reverse the treaty’s intent. In addition to a military and cultural annex to the treaty, Israel and the US signed a Memorandum of Agreement (MOA) which stipulates how the United States might be asked to act in realms affecting Israeli security, should the atmosphere of peace sought return to some measure of belligerency or belligerent intent. As of October 2012, Israeli foreign ministry and American congressional sources confirm that this MOA is still in force. Sections 3-7 are particularly relevant in terms of the US-Israeli military relationship and US actions should some breach in the treaty occur. When such a MOA would become operationally active rests primarily with the United States and to some degree Israel.

-Ken Stein, 2012

Recognizing the significance of the conclusion of the Treaty of Peace between Israel and Egypt and considering the importance of full implementation of the Treaty of Peace to Israel’s security interests and the contribution of the conclusion of the Treaty of Peace to the security and development of Israel as well as its significance to peace and stability in the region and to the maintenance of international peace and security; and

Recognizing that the withdrawal from Sinai imposes additional heavy security, military and economic burdens on Israel;

The Governments of the United States and the State of Israel, subject to their constitutional processes and applicable law, confirm as follows:

  1. In the light of the role of the United States in achieving the Treaty of Peace and the parties’ desire that the United States continue its supportive efforts, the United States will take appropriate measures to promote full observance of the Treaty of peace.
  2. Should it be demonstrated to the satisfaction of the United States that there has been a violation or threat of violation of the Treaty of Peace, enhance friendly and peaceful relations between the parties and promote peace in the region, and will take such remedial measures as it deems appropriate, which may include diplomatic, economic and military measures as described below.
  3. The United States will provide support it deems appropriate for proper actions taken by Israel in response to such demonstrated violations of the Treaty of Peace. In particular, if a violation of the Treaty of Peace is deemed to threaten the security of Israel, including, inter alia, a blockade of Israel’s use of international waterways, a violation of the provisions of the Treaty of Peace concerning limitation of forces or an armed attack against Israel, the United States will be prepared to consider, on an urgent basis, such measures as the strengthening of the United States presence in the area, the providing of emergency supplies to Israel, and the exercise of maritime rights in order to put an end to the violation.
  4. The United States will support the parties’ rights to navigation and overflight for access to either country through and over the Strait of Tiran and the Gulf of Aqaba pursuant to the Treaty of Peace.
  5. The United States will oppose and, if necessary, vote against any action or resolution in the United Nations which in its judgments adversely affects the Treaty of Peace.
  6. Subject to Congressional authorization and appropriation, the United States will endeavor to take into account and will endeavor to be responsive to military and economic assistance requirements of Israel.
  7. The United States will continue to impose restrictions on weapons supplied by it to any country which prohibit their unauthorized transfer to any third party. The United States will not supply or authorize transfer of such weapons for use in an armed attack against Israel, and will take steps to prevent such unauthorized transfer.
  8. Existing agreements and assurances between the United States and Israel are not terminated or altered by the conclusion of the Treaty of Peace, except for those contained in Articles 5, 6, 7, 8, 11, 12, 15 and 16 of Memorandum of Agreement between the Government of Israel and the Government of the United States (United States-Israeli Assurances) of September 1, 1975.

This Memorandum of Agreement sets forth the full understandings of the United States and Israel with regard to the subject matters covered between them hereby, and shall be implemented in accordance with its terms.